Terms of Use

Last updated: August 18, 2025

Please read these Terms of Use carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

Interpretation and Definitions

Interpretation

Words with the first letter capitalized have meanings defined under the following conditions. These definitions apply whether they appear in singular or plural.

Definitions

For the purposes of these Terms of Use:

Company (referred to as “the Company”, “We”, “Us” or “Our”) refers to TOD Enterprise S.R.L, Str. Marchian 2, Botoșani, Romania.

Service refers to the MyCals mobile application and related websites.

Device means any device that can access the Service such as a computer, mobile phone, or tablet.

Account means a unique account created for You to access our Service.

You means the individual accessing or using the Service, or the company/legal entity on behalf of which such individual is accessing or using the Service.

Acknowledgment

These Terms govern the use of the Service and form the agreement between You and the Company.

Your access to and use of the Service is conditioned on:

Acceptance of these Terms, and

Acceptance of our Privacy Policy.

If You do not agree with these Terms or our Privacy Policy, You must not use the Service.

You represent that You are at least 18 years old. We do not permit those under 18 to use the Service.

Health Disclaimer

MyCals provides calorie estimates, nutritional tracking, and AI-based features for informational and lifestyle purposes only.

The Service does not provide medical advice.

Nothing within the app should be used as a substitute for professional medical or dietary advice, diagnosis, or treatment.

Always consult a qualified healthcare provider before making health-related decisions.

By using the Service, You acknowledge and agree that any reliance on the information provided is at Your own risk.

Third-Party Platform Terms

All payments for subscriptions or purchases are processed securely through third-party platforms (Apple App Store, Google Play) via RevenueCat. Their terms, including billing, renewals, cancellations, and refunds, apply in addition to these Terms.

The Company does not process payments directly and is not responsible for handling billing disputes or refunds. Apple, Google, and RevenueCat are not responsible for providing any maintenance or support for the Service.

Purchases, Subscriptions, and Billing

Certain features may require payment or a subscription. Prices, features, and availability are subject to change without notice.

If you purchase through the Apple App Store or Google Play, billing, renewals, cancellations, and refunds are handled by that platform, and their terms apply.

Subscriptions renew automatically at the end of each term unless canceled before.

If we offer a trial and you do not cancel before it ends, you authorize the platform to start billing the applicable subscription.

Prices may exclude taxes and fees, which may be charged where applicable.

User Content & License

You may upload or submit content such as meal photos, notes, or entries (“User Content”). You retain your rights in your User Content.

You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, process, reproduce, display, and create derivative works from your User Content solely to operate, secure, and improve the Service.

You represent and warrant that you own or have all necessary rights to your User Content and that it does not infringe any third-party rights or violate any law.

We are not responsible for backing up User Content. We may remove or delete User Content at any time to comply with law, protect users, or enforce these Terms.

Fair Use and Limits

We may impose restrictions on certain features of the Service (including but not limited to the number of daily AI scans, account activity, or data storage) to ensure fair use for all users. These limits may be enforced automatically and without prior notice. Exceeding such limits may temporarily disable or restrict certain functions.

These limits may be enforced automatically and without prior notice. Exceeding such limits may temporarily disable or restrict certain functions.

Acceptable Use

You agree not to:

misuse, interfere with, or disrupt the Service,

reverse engineer, decompile, or attempt to access source code or underlying models,

upload unlawful, infringing, or harmful content,

use the Service to develop or train competing datasets or models,

scrape or harvest data without written permission,

bypass or disable any usage limits or security measures.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

We assume no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that the Company shall not be liable for any damage or loss caused by third-party websites or services.

Termination

We may suspend or terminate Your access immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms or age restrictions.

Upon termination, Your right to use the Service will cease immediately.

All fees paid are non-refundable, except where required by law.

Limitation of Liability

To the maximum extent permitted by law, the Company and its suppliers shall not be liable for any damages of any kind, including but not limited to:

Loss of profits

Data loss or corruption

Business interruption

Health consequences arising from reliance on calorie or nutrition data

Inaccuracies in AI-generated results

In no event shall the Company’s total liability exceed the amount actually paid by You to use the Service, or €100 if You have not made any payments.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” without warranties of any kind.

We make no warranty that:

The Service will function uninterrupted, secure, or error-free.

The results or data will be accurate, reliable, or suitable for your intended purpose.

Any nutrition, calorie, macro, or database information may be approximate, incomplete, or outdated, and the Company has no obligation to update such information.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, excluding its conflict of law principles. You agree that any dispute, controversy, or claim arising out of or relating to the Service or these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Botoșani, Romania. You expressly waive any right to participate in class actions, collective claims, or proceedings outside this jurisdiction.

Disputes Resolution

If You have any dispute with the Service, You agree to first attempt to resolve it informally by contacting us at support@mycals.app

Severability and Waiver

If any provision of these Terms is held to be invalid, the remaining provisions shall remain in effect.

Our failure or delay in enforcing any right, remedy, or provision under these Terms shall not be deemed a waiver of such right or provision, and shall not prevent us from enforcing it at any later time.

Changes to These Terms

We may update these Terms at any time. Updates will be effective when posted on this page. Continued use of the Service after changes are made constitutes acceptance of the revised Terms.

Contact Us

If You have any questions about this Privacy Policy, You can contact us:

By email: support@mycals.app